Kidney disease decisions — 2008

The Board found that the veteran's kidney transplant and squamous cell carcinoma are not related to his military service, including exposure to Agent Orange, asbestos, or radiation. The claim for residuals of a right kidney transplant was denied as there is no evidence linking it to service.

The Board has determined that the veteran's service-connected cold injuries likely contributed to his death from COPD and end stage renal disease, resolving doubt in favor of the appellant.

The Board has granted the veteran's claim for service connection for right kidney tuberculosis infection, status post nephrectomy, finding that it is related to his period of active duty training (ACDUTRA).

The Board found that the veteran's claimed conditions did not have a direct link to his military service, including exposure to herbicides. The claims for hypertension, renal insufficiency, dizziness, and lung disorder were denied.

The veteran's claims for increased disability ratings have been denied. The veteran is already service-connected for migraine headaches, and his low back disorder has a current evaluation of 20%. His left lower extremity neurological manifestations are currently rated at 20%, effective May 3, 2005. His cervical spine disorder does not meet the criteria for an increased rating. His left epididymal cyst is not service-connected.

The veteran's appeal is being remanded for further development to determine if he was exposed to toxic materials during service and whether his current conditions are related to such exposure.

The veteran's service-connected disabilities result in the need for regular aid and attendance of another person, which has been granted.

The Board found no evidence of current disabilities related to the veteran's claimed conditions and denied all claims for service connection.

The Board denied the veteran's claims for service connection for a bilateral shoulder disability, hypertension, and kidney stones. The claim of entitlement to an initial evaluation in excess of 10 percent for type 2 diabetes mellitus was granted with an effective date of March 12, 2004, and increased to 20 percent effective February 7, 2006. The veteran's PTSD claim remains pending.

The Board has granted service connection for a low back disorder, but denied service connection for renal cancer. The claim of service connection for the low back disorder is based on direct evidence showing it was incurred in service. The claim of service connection for renal cancer remains denied as new and material evidence has not been submitted.

The Board denied payment or reimbursement for medical expenses incurred at Mount Carmel facilities due to the veteran's non-service-connected kidney stone condition, finding that a prudent layperson would not reasonably expect delay in seeking immediate care would be hazardous to life or health.

The veteran's claims for service connection for hypertension and renal insufficiency, both secondary to his service-connected diabetes mellitus, are being remanded due to the need for additional development of medical records.

The Board denied service connection for various conditions, including bilateral hearing loss and lung disorder, due to exposure to Agent Orange. The veteran's PTSD claim was also denied.

The Board has ordered a remand for the veteran's claims due to outstanding VA treatment records and SSA disability benefit determinations. The issues include service connection for bilateral hearing loss, sleep apnea, heart disorder (secondary to hypertension), and kidney disorder (secondary to hypertension).

The Board found that the veteran's medical expenses incurred from July 21, 2005, through July 22, 2005, were eligible for reimbursement due to an emergency condition. However, expenses incurred on July 23, 2005, and July 24, 2005, are not eligible as the veteran's condition was stable and a VA facility was feasibly available.

The Board denied the appellant's claim of service connection for the cause of the veteran's death, finding that new and material evidence had not been presented to reopen the claim.

The Board finds that the veteran does not have a current disability manifested by adrenal carcinoma or a neurological disorder of the feet due to military service. The veteran's benign adrenal adenoma is not shown to be related to his military service, and there is no evidence of a current neurological disorder of the feet.

The Board has determined that additional actions are necessary to ensure compliance with VA's duty to notify and assist the veteran, including obtaining relevant records from the service department and VA medical facilities. The case is being remanded for further development.

The Board denied the veteran's claims for service connection for a kidney condition other than postoperative prostatitis or pyelonephritis and for dental disability, finding no current evidence of such conditions.

The Board has granted service connection for bilateral renal cell carcinoma due to exposure to Agent Orange, and also found that the veteran's essential hypertension is likely related to his diabetes mellitus Type II.